This Website Hosting Agreement (“Agreement”) is entered into by and between Be Right Marketing LLC, a company incorporated under the laws of the state of Texas, with its principal place of business in San Antonio, Texas (“Service Provider”), and the individual or entity engaging the services of Be Right Marketing LLC (“Client”).

1. Services

1.1 Website Design and Development Services

The Service Provider will design and develop a custom website (“Website”) for the Client, tailored to the Client’s specifications. The website design and development services include:

• A custom 5-page website design with the following pages included: Home, About, Contact, Services, & Blog.
• Delivery of the 1st draft (prototype) within 14 days of signing up for Services for Client review.
  • The Client will be presented with the prototype and given an opportunity to request revisions.
  • Once these revisions have been completed and approved by the Client, any additional edits or changes will be governed by the Client’s chosen monthly hosting plan and may incur additional costs as determined by the Service Provider.
• SSL Security setup.
• Domain Name Setup
  • The Client may select a preferred domain (up to $20/year value) that the Service Provider will purchase to use for the Client’s website. Domains purchased by the Service Provider are governed by Section 3.1 of this Agreement.
  • Alternatively, the Client may use a domain they already own. However, DNS support will not be provided beyond the initial setup of the website for domains provided by the Client.

1.2 Monthly Website Hosting Services

The Service Provider offers three subscription plans with varying levels of website hosting services. The available plans are:

DIY Plan ($49/month):

• Website hosting and access to the website platform.
• Limited access to CRM tools via my.coolbizsite.com (note: certain features, such as SMS messaging, may incur additional costs)
• SSL security management
• Domain name management (not available for Client provided domains).
• DNS support (not available for Client provided domains).
• No ongoing website edits or support for changes.

PRO Plan ($97/month):

• Includes all services in the DIY Plan.
• Up to 3 Minor website edits per month (e.g., text, image, or color changes).
• Minor edits completed within 48 hours.
• Priority support on Major edits.
• 25% discount on Major edits or redesigns.

VIP Plan ($149/month):

• Includes all services in the Pro Plan.
• Unlimited minor website edits per month.
• Minor edits completed within 48 hours.
• Priority support on Major edits.
• 50% discount on Major edits or redesigns.

1.3 Minor Edits vs. Major Edits

The Service Provider offers website editing services as part of the monthly hosting plans. The distinction between minor edits and major edits is as follows:

Minor Edits:

Minor edits are small, straightforward changes that require minimal time and effort. These may include:

• Text updates (e.g., correcting typos, adding or removing a sentence or paragraph).
• Swapping or updating images & videos
• Adjusting colors, fonts, or other small design elements.
• Updating contact information or links.
• Minor edits are typically completed within 48 hours as outlined in the Pro and VIP plans.

Major Edits:

Major edits involve more complex or time-intensive modifications that significantly alter the structure, functionality, or design of the website. These include but are not limited to:

• Creating new pages or significantly redesigning existing pages.
• Adding new features or functionalities (e.g., e-commerce integration, forms, or plugins).
• Custom design work or layout changes that affect multiple sections of the website.
• Bulk content uploads (e.g., adding numerous products, blog posts, or media).
• Any other tasks requiring development expertise or exceeding the scope of a typical “quick fix.”
• Major edits are typically completed within 5 business days and may incur additional costs unless otherwise discounted under the Client’s hosting plan.

Whether a requested change qualifies as a Minor or Major Edit will be determined solely at the Service Provider’s discretion. The Service Provider will assess and confirm the nature of the requested change prior to proceeding. If a requested change is determined to be a Major Edit, pricing will be based on the scope, complexity, and time required to complete the work. A detailed invoice will be provided to the Client for approval before any work on Major Edits begin.

2. Payment Terms

2.1 The Client shall pay an upfront fee upon execution of this Agreement for the creation and development of the Website.

2.2 In addition to the upfront fee, the Client agrees to pay an automatic recurring monthly hosting fee based on the selected subscription plan: DIY ($49/month), Pro ($97/month), or VIP ($199/month). The first payment of the monthly hosting fee is due immediately upon signing.

2.3 All payments shall be made by the Client to the Service Provider via credit card, ACH transfer, or another payment selected by the Client during the sign-up process and accepted by the Service Provider.

3. Website Ownership

3.1 The Client acknowledges that the Website and any associated materials including the domain are the intellectual property of the Service Provider and the website is non-transferrable between hosting companies, if the Client wishes to stop utilizing the services of the Service Provider, the Client will have the option to take over hosting of the website for $49/month. The new hosting fee will be payable to Service Provider, and non-payment will result in the website not being live.

3.2 The Client agrees not to transfer or migrate the website or any associated materials to another server or hosting provider without the express written consent of the Service Provider.

3.3 The Client acknowledges that the Service Provider invests significant time, effort, and resources into the creation and maintenance of the website. If the Client cancels the service agreement before completing 12 months of continuous service, the Service Provider has the sole discretion to decide whether to release the Website and any associated materials to the Client. The Service Provider may retain ownership of the Website and associated materials at their sole discretion.

3.4 The Service Provider reserves the right to transfer ownership of the Website to the Client for a fee. This fee is non-negotiable and will be calculated based on the fair market value of the website created for the Client.

3.5 If the Client terminates this agreement and opts not to pay the ownership transfer fee, they are required to immediately cease all use of the Website and any associated materials.

3.6 Failure to comply with the cessation requirement will result in a penalty of $25 per day for each day the Client continues to use the Website or associated materials without authorization. This penalty is payable to the Service Provider immediately.

4. Termination

4.1 The Client may terminate this Agreement by providing a written notice to the Service Provider via email at brandon@berightmarketing.com.

4.2 If the Client terminates this Agreement before completing 12 months of continuous service, the Service Provider retains the right and discretion to determine whether to release the Website or the domain to the Client.

4.3 The Service Provider reserves the right to terminate this Agreement at any time and for any reason by providing written notice to the Client. In such cases, the Service Provider will retain ownership of the Website and any associated materials.

5. Confidentiality

5.1 Both parties agree to treat all confidential information received from the other party as confidential and to use it solely for the purpose of fulfilling their obligations under this Agreement.

5.2 Confidential information shall not be disclosed to any third party without prior written consent from the disclosing party, except as required by law.

6. Client’s Business

6.1 The Client acknowledges and agrees that they had commenced their business operations prior to entering into this Agreement with Be Right Marketing LLC.

7. Disclaimer of Warranties or Guarantees & Limitation of Liability

7.1 Client acknowledges and agrees that the Services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. Be Right Marketing LLC does not warrant that the services will meet the Client’s requirements or that the Services will be uninterrupted or error-free. Be Right Marketing LLC assumes no responsibility for the results achieved by Client from using the Services. Be Right Marketing LLC does not represent or guarantee any sales, revenues, profits, or success due to the Services provided to Client. Be Right Marketing LLC also does not guarantee any particular search engine ranking, traffic, and/or placement in any search engines. Be Right Marketing LLC DOES NOT AUTHORIZE ANYONE TO MAKE PROMISES, WARRANTIES, OR GUARANTEES ON ITS BEHALF THAT ARE NOT CONTAINED IN THIS WRITTEN CONTRACT. IF YOU BELIEVE PROMISES, WARRANTIES, OR GUARANTEES WERE MADE TO YOU THAT ARE NOT EXPRESSLY INCLUDED IN THIS WRITTEN CONTRACT, YOUR SOLE REMEDY IS TO REFUSE TO EXECUTE THIS AGREEMENT.

7.2 The Client further understands and acknowledges that Be Right Marketing LLC is providing services as an independent contractor and does not guarantee the fitness of the services for any particular purpose.

7.3 The Client acknowledges that Be Right Marketing LLC cannot guarantee specific results or outcomes from the use of the services provided under this Agreement.

7.4 The Client agrees that Be Right Marketing LLC shall not be held liable and will be held harmless for any damages, losses, or expenses incurred by the Client, including but not limited to any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Services or any outcomes related thereto.

8 Force Majeure

8.1 The Service Provider shall not be held liable for any delays or failures in performance under this Agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, power outages, or internet service disruptions.

9. Governing Law and Jurisdiction

9.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of laws principles.

9.2 Any disputes arising out of or in connection with this Agreement shall be resolved through good-faith negotiations between the parties. If a resolution cannot be reached, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located within the state of Texas.

By proceeding with the purchase or use of services through the Service Provider’s website(s), the Client acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement, including the limitation of liability clause, and agree to be bound by them. The Client further acknowledges that the Service Provider reserves the right to update or modify the terms and conditions of this Agreement at any time without prior notice, and that continued use of the services constitutes acceptance of the updated terms.

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